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SEARS, ROEBUCK & CO. v. VALJEAN

No. 5311.

76 F.2d 592 (1935)

SEARS, ROEBUCK & CO. v. VALJEAN et al.

Circuit Court of Appeals, Seventh Circuit.

April 15, 1935.

Attorney(s) appearing for the Case

C. Paul Parker, Earl C. Carlson, and Lincoln B. Smith, all of Chicago, Ill., for appellant.

Franklin M. Warden, of Chicago, Ill., and Carroll R. Taber, of Lansing, Mich., for appellees.

Before EVANS and SPARKS, Circuit Judges, and WOODWARD, District Judge.

WOODWARD, District Judge.

This is an appeal from the final decree of the District Court holding that Valjean patent, No. 1,512,869, for improvements in combustion apparatus, was valid and infringed by appellant as to claims 1, 2, 3, 4, 5, 6, and 9.

The defenses were invalidity and noninfringement.

Appellee Motor Wheel Corporation is an exclusive licensee under the patent in suit and manufactures and sells oil burners for space heating. The alleged...

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